California Tenant Laws in 2026: What Actually Changed—and What Didn’t

California did add meaningful tenant protections in 2026. But the new appliance, disaster and Social Security rules are narrower than many social-media summaries suggest—and the statewide rent cap and basic eviction rules are not new this year.

A widely shared tenant-rights summary described 2026 as a sweeping upgrade for California renters. It said every new or renewed rental must have a stove and refrigerator, broken appliances must be repaired within 30 days, evacuees do not owe rent, tenants can return after a disaster at the old rent, government benefit delays prevent eviction, rent increases are tightly controlled and utility add-on fees have been eliminated.

Some of that is substantially correct. Some is correct only after adding a crucial condition. One fee claim appears to come from a bill that never became law.

That distinction matters because a tenant making the wrong demand can lose time, miss an eviction deadline or withhold rent based on a protection that does not apply.

Quick answer: AB 628 makes a working stove and refrigerator part of habitability for covered leases entered into, amended or extended on or after January 1, 2026. Its explicit 30-day deadline applies to an appliance under a manufacturer or public-entity recall—not every malfunction. SB 610 suspends rent during a qualifying mandatory disaster evacuation, requires specified remediation and conditionally preserves a right to return at the pre-disaster rent. AB 246 creates a court defense for a narrow Social Security payment interruption; it does not forgive rent or cover every government-benefit delay. California's existing Tenant Protection Act still uses a regional 5%-plus-inflation formula, and a proposed statewide ban on many rental add-on fees, AB 1248, died without becoming law.

Editorial note: This article fact-checks an anonymized summary of user-provided social-media material. It does not assess a specific lease, unit, evacuation or eviction case. This is general information, not legal advice. State laws contain exemptions, local ordinances may be more protective and eviction deadlines can be very short.

The 2026 Claims, Checked

AB 628: A Working Stove and Refrigerator Become Habitability Requirements

AB 628 amended California Civil Code § 1941.1, the statute listing core characteristics of a tenantable dwelling.

For a lease entered into, amended or extended on or after January 1, 2026, the covered unit generally must have:

• a stove maintained in good working order and capable of safely generating heat for cooking; and
• a refrigerator maintained in good working order and capable of safely storing food.

This is more than a furnishing promise in a listing. The appliances are now placed inside the state's habitability framework for covered tenancies.

The 30-day deadline is about recalls

AB 628 says a landlord must repair or replace a stove or refrigerator subject to a manufacturer or public-entity recall within 30 days after receiving notice of the recall.

It does not say that every cooling problem, burner failure or ordinary breakdown receives the same fixed 30-day period.

An ordinary failure can still create a habitability problem because the appliance must be maintained in good working order. But the response time and available remedy depend on the seriousness of the condition, notice to the landlord, whether the tenant caused the problem and the general repair statutes. “The landlord always has 30 days” is therefore as misleading as “the landlord always must fix it immediately.”

Send a written notice that states:

1. which appliance is affected;
2. when the failure began;
3. what functions no longer work;
4. any smoke, sparking, food-safety or recall concern;
5. the model and serial number, if safely accessible;
6. photographs or video; and
7. a request for the repair plan and entry time.

If a recall is involved, attach the manufacturer or agency notice and identify the date the landlord received it.

A tenant-provided refrigerator requires more than a waiver

AB 628 permits a tenant and landlord to agree at signing that the tenant will provide and maintain a refrigerator. All of the following matter:

• the tenant must be the one choosing to bring the refrigerator;
• the lease must contain the statutory acknowledgement explaining that state law otherwise requires the landlord to provide one;
• the landlord cannot condition the tenancy on the tenant supplying it;
• the landlord is not responsible for maintaining the tenant's refrigerator; and
• the tenant can give 30 days' written notice that they no longer want to provide it, after which the landlord must install a working refrigerator.

The provision does not create a parallel opt-out for the stove.

AB 628 also excludes permanent supportive housing, specified single-room occupancy units, residential hotels and units in facilities with shared or communal kitchens, including assisted-living facilities. A tenant should confirm the property's legal category before assuming the rule applies.

Do not improvise repair-and-deduct

Civil Code § 1942 can provide repair-and-deduct or termination remedies after a landlord neglects covered repairs, but it has conditions and limits. A tenant should not buy a refrigerator, subtract the price from rent and assume the deduction is protected without checking the statute and obtaining advice. The California Attorney General's habitability guidance recommends written repair requests, documentation and prompt contact with code enforcement, a health department or legal aid when serious conditions are not corrected.

SB 610: Disaster Remediation, Evacuation Rent and a Conditional Right to Return

SB 610 added Civil Code §§ 1941.8 and 1941.9. It addresses several different disaster stages that should not be collapsed into “rent is free after a wildfire.” SB 610 official text

Stage 1: A qualifying disaster

For the tenant provisions, “disaster” includes specified natural or human-caused emergencies—such as earthquake, flood, fire, riot, storm, drought or disease outbreak—for which the President or California Governor has declared a state of emergency.

That definition is broader than wildfire but narrower than every building emergency.

Stage 2: A mandatory evacuation

When a tenant cannot occupy the unit because of a mandatory evacuation order under a qualifying disaster, the tenant's rent obligation is discharged for the evacuation period.

If that rent was already paid, the landlord must return the covered amount within 10 calendar days after the order is lifted, or the tenant may deduct it from the next month's rent.

The safest record contains:

• the official evacuation order and geographic boundary;
• the time it took effect and the time it was lifted;
• proof that the unit was within the covered area;
• the lease and monthly rent;
• proof of rent already paid; and
• a day-by-day calculation of the amount requested.

Do not assume that any precautionary departure triggers automatic reimbursement. The statutory text ties the rule to inability to occupy because of a mandatory order.

Stage 3: Debris and hazard remediation

After a qualifying disaster damages the property, the landlord must, as necessary, remove disaster debris and mitigate hazards such as mold, smoke, smoke residue, smoke odor, ash, asbestos and water damage.

The work must be completed within a reasonable time and follow government cleaning protocols, including the use of licensed remediation companies where required. Disaster debris at the unit is presumed to make it untenantable until a local public-health agency or official determines that the debris does not contain toxic substances.

If the tenant has given the landlord a postal or email address, the landlord must provide written notice that the remediation duty has been fulfilled. The notice must explain that the tenant may view and request copies of environmental studies, testing or reports that were conducted.

This is more precise than saying the landlord must “personally prove the property passed inspection.” The law may rely on official protocols, public-health determinations and available reports; the required evidence depends on what testing or studies were actually performed.

Stage 4: Return or lawful termination

Unless either party lawfully terminates the tenancy, the tenant keeps a right to return as soon as return is safe and practicable, at the same rental rate in effect immediately before the disaster.

That sentence has two important limits:

1. SB 610 does not prevent a tenancy from being lawfully terminated under another applicable rule.
2. It does not require a landlord to rebuild a property or portion of a property destroyed by the disaster.

When the tenancy ends because the property was destroyed or because the tenant uses an applicable termination right, advance rent covering a period after termination must generally be returned within 21 days under the new section.

The practical question is not simply “Did a wildfire happen?” It is:

Was there a qualifying declaration and mandatory order, what period was the unit unavailable, what remediation occurred, was the tenancy still legally in effect and was the property capable of safe return?

AB 246: A Social Security Eviction Defense, Not General Rent Forgiveness

AB 246 created the Social Security Tenant Protection Act of 2025, effective in 2026 and scheduled to repeal on January 20, 2029. AB 246 official text

It is much narrower than “government shutdown benefits were late, so the tenant cannot be evicted.”

The tenant may raise a Social Security hardship as an affirmative defense in an unlawful-detainer case based on nonpayment of rent. To succeed, the tenant must provide evidence satisfactory to the court that:

• Social Security benefits normally received by the household were terminated, delayed or reduced due to no fault of the tenant;
• the interruption resulted from federal government action or inaction; and
• the hardship prevented payment of the rent alleged in the eviction case.

If the evidence is sufficient, the court stays the eviction until the earlier of:

• 14 days after the Social Security benefit is restored; or
• six months after the stay is issued.

The unpaid rent is not erased. Within 14 days after benefits are restored, the tenant must either pay all past-due rent or enter a mutually agreed payment plan with the owner. If the tenant complies, the court must dismiss the unlawful-detainer action with prejudice or set aside the judgment, as applicable.

The defense does not cover every delayed subsidy, federal employee paycheck, scholarship, unemployment benefit or private assistance payment. It also does not apply to eviction cases based on grounds other than nonpayment.

Most importantly, an affirmative defense must be raised in the court case. It is not permission to ignore a three-day notice, summons or filing deadline. The Judicial Council must adopt or revise implementation forms by January 1, 2027, but tenants facing a case before then should obtain immediate legal help rather than wait for a new form.

The 2026 Rent Cap Is Regional, Not One Statewide Percentage

California's Tenant Protection Act did not receive a brand-new 2026 formula. For covered units, Civil Code § 1947.12 continues to limit total increases during a 12-month period to the lower of:

• 5% plus the applicable change in the cost of living; or
• 10%.

Because the inflation input is regional, the current maximum depends on the property's location and the date the increase begins.

For increases taking effect from August 1, 2026 through July 31, 2027, the California Attorney General lists these statewide TPA limits:

These are ceilings under the state law, not automatic increases and not always the controlling number. A city or county rent-control ordinance may set a lower cap. For example, the Attorney General's current table lists different limits for covered units in Los Angeles, San Francisco, Oakland, Pasadena, Santa Monica and other jurisdictions. California Attorney General: Limits on Rent Increases

The TPA also does not cover every rental. Common exclusions can include:

• housing issued a certificate of occupancy within the previous 15 years;
• certain separately owned single-family homes and condominiums when the ownership and notice requirements are met;
• an owner-occupied duplex under the statutory conditions;
• dormitories; and
• specified deed-restricted or subsidized affordable housing.

If all prior tenants leave, the landlord generally may establish the initial rent for a new tenancy. The cap then governs later increases if the unit and tenancy are covered.

For any increase, calculate from the lowest gross rental rate charged during the preceding 12 months and count earlier increases in that same period. For the same continuing tenant, the TPA generally permits no more than two rent-increase increments within 12 months. A formal written notice is also required. Under Civil Code § 827, an increase of 10% or less generally requires at least 30 days' notice; an increase above 10% generally requires at least 90 days' notice. Proper notice does not make an otherwise unlawful increase valid.

Did California Ban Utility and Rental Add-On Fees in 2026?

No broad statewide ban matching that description took effect.

AB 1248 proposed an all-in advertised rental price, restrictions on ratio utility billing and detailed rules for required and optional housing-service fees beginning in April 2026. But the official legislative status shows that AB 1248 died on the inactive file on February 2, 2026. Its proposed Civil Code § 1950.2 did not become law.

One narrower service-fee protection did become law. AB 1414 lets tenants in covered residential tenancies opt out of a landlord-arranged third-party wired internet, cellular or satellite subscription. It applies when a tenancy begins or renews on or after January 1, 2026, as well as to a periodic tenancy continuing on or after that date. A landlord may still offer a bulk service; the new rule is an opt-out, not a ban on every mandatory fee. If the landlord violates the rule, the statute allows the tenant to deduct the subscription cost from rent and prohibits retaliation.

Los Angeles also changed a local rule. Effective February 2, 2026, a landlord of a unit covered by the City of Los Angeles Rent Stabilization Ordinance may no longer add the former extra utility percentage to the annual RSO rent increase. That is not a statewide ban, does not cover every Los Angeles rental and does not mean utilities can never be billed separately. Los Angeles Housing Department: RSO overview

That does not mean every add-on charge is valid.

Existing rules can still matter:

• the lease must identify the tenant's payment obligations;
• the TPA defines gross rental rate broadly and can prevent a landlord from evading the cap by relabeling mandatory housing consideration as a fee;
• separately billed submetered water is governed by existing disclosure, calculation and inspection rules in Civil Code §§ 1954.201–1954.219;
• local rent-control or tenant-protection ordinances may regulate pass-throughs and housing-service reductions; and
• deceptive or undisclosed charges may raise additional contract or consumer-protection issues.

When a new fee appears, collect these facts before declaring it legal or illegal:

The article readers should save is not “all utility fees were abolished.” It is “new mandatory charges require the same address-specific analysis as a rent increase.”

Four Important Rights That Were Already in Force

Not every useful tenant protection is a 2026 law. Presenting old rules as new can obscure their exceptions and enforcement process.

1. A landlord cannot perform a self-help eviction

A landlord cannot lawfully force a tenant out by changing locks, shutting off utilities or removing belongings. An eviction requires a court case, judgment and enforcement by the authorized public officer. California Attorney General landlord-tenant guidance

This does not mean every tenant can remain indefinitely. Nonpayment, material lease breaches and other statutory grounds can support an eviction through the legal process. Court papers must be answered promptly.

2. Statewide just-cause protection has coverage rules

For most covered tenancies, the Tenant Protection Act's just-cause requirements begin after the statutory occupancy period, commonly 12 months. At-fault and no-fault causes are listed in Civil Code § 1946.2, and no-fault termination generally comes with relocation assistance equal to one month's rent.

The same property exclusions that affect the rent cap can also matter here, although the two coverage provisions are not identical in every detail. Local ordinances may protect additional tenants sooner or require more relocation assistance.

3. Security deposits have amount, evidence and return rules

For most residential properties, the deposit limit is one month's rent. A qualifying small landlord who is a natural person—or an LLC whose members are all natural persons—and owns no more than two rental properties containing no more than four total units may generally charge up to two months' rent, subject to the service-member exception.

Lawful deductions are limited to reasonably necessary unpaid rent, tenant-caused damage beyond ordinary wear and tear, qualifying cleaning and specified restoration of landlord property. The landlord generally must return the balance and itemize deductions within 21 days.

California has also required photographs supporting many deposit deductions since 2025. AB 414 adds 2026 rules about the method of returning deposits: when the landlord received the deposit or rent electronically, the remaining security generally must be returned electronically unless the parties designate another method in writing. It also clarifies payment and statement handling when multiple adult tenants share the unit. AB 414 official text

4. Habitability disputes require careful procedure

Landlords must maintain core health and safety conditions. Tenants should report problems in writing, preserve photographs and give reasonable access for repairs. Code enforcement, the health department, a local rent board or legal aid may be appropriate if serious defects are ignored.

Withholding rent, abandoning a lease or arranging repairs and deducting the cost can have significant consequences. Those remedies are not one-click rights simply because a unit has a defect. Get address-specific advice before using them.

A Practical 2026 Tenant Evidence File

The best response to a disputed right is usually a small, well-organized record—not a screenshot of a viral checklist.

Create five folders:

1. Lease and property coverage

• lease, amendments and renewal documents;
• move-in date and building address;
• property type and approximate certificate-of-occupancy date;
• any TPA exemption notice; and
• local rent-control registration or program information.

2. Appliance condition

• refrigerator and stove photographs;
• model and serial numbers;
• temperature readings or failed-function video;
• recall notice or lookup result;
• written repair request; and
• landlord response and entry appointments.

3. Disaster timeline

• emergency declaration;
• mandatory evacuation order and lifting notice;
• map showing the unit in the covered area;
• rent payment and refund calculation;
• remediation notices, testing and reports; and
• messages about re-entry, termination or reconstruction.

4. Social Security interruption

• ordinary benefit history;
• notice of termination, delay or reduction;
• evidence connecting the interruption to federal action or inaction;
• rent ledger and nonpayment notice;
• proof that the interruption caused the missed rent; and
• every eviction document and court deadline.

5. Rent, fees and deposit

• all rent-increase notices from the prior 12 months;
• original lease and fee schedule;
• utility bills and allocation formula;
• deposit receipt, move-in photos and pre-move-out inspection documents; and
• move-out photographs, itemization, invoices and refund record.

How Pine Can Help

Pine can help a tenant turn a lease, repair request, evacuation order, benefit notice, rent ledger and deposit statement into one dated timeline.

Use Pine to:

1. separate the new 2026 rule from older baseline protections;
2. identify the coverage facts still missing;
3. calculate the periods and amounts in dispute;
4. organize photographs, notices and receipts by issue;
5. draft a focused list of questions for the landlord, code office or legal-aid reviewer; and
6. preserve the source document behind each legal claim instead of relying on a social-media summary.

Pine does not decide whether a unit is legally untenantable, represent a tenant in court or guarantee a remedy. An eviction notice, unsafe condition or disaster re-entry dispute may require immediate help from a lawyer, legal-aid organization or public agency.

Frequently Asked Questions

Does every California rental need a refrigerator and stove in 2026?

AB 628 generally requires a working stove and refrigerator for covered leases entered into, amended or extended on or after January 1, 2026. Permanent supportive housing, specified SRO and residential-hotel units, and facilities with shared or communal kitchens are among the listed exceptions.

Does a California landlord always have 30 days to fix a broken refrigerator?

No. AB 628's express 30-day deadline applies when the stove or refrigerator is subject to a manufacturer or public-entity recall and the landlord has notice. An ordinary malfunction is still evaluated under the working-appliance and general habitability duties, but the statute does not give every breakdown that same fixed deadline.

Can a landlord require a tenant to bring a refrigerator?

No. A tenant may choose at lease signing to provide and maintain a refrigerator under AB 628's written procedure, but the landlord cannot condition the tenancy on that choice. The tenant can later give 30 days' written notice and require the landlord to install a working refrigerator at the end of the notice period.

Is rent automatically suspended during a wildfire evacuation?

SB 610 discharges rent for the period when a tenant cannot occupy the rental because of a mandatory evacuation order tied to a qualifying disaster declaration. Save the declaration, order, lifting date, address coverage and rent payment proof. A voluntary evacuation is not automatically the same.

Can a tenant return after disaster cleanup at the old rent?

Unless the tenancy is lawfully terminated, SB 610 gives the tenant a right to return at the same rent in effect immediately before the disaster when return is safe and practicable. The law does not require a landlord to rebuild destroyed property.

Does AB 246 forgive rent when Social Security is delayed?

No. It can stay a nonpayment eviction when the tenant proves the statutory Social Security hardship, but the rent remains due. After benefits are restored, the tenant generally has 14 days to pay the arrears or enter a mutually agreed payment plan.

What is the California rent cap in late 2026?

For covered units and increases effective August 1, 2026 through July 31, 2027, the statewide TPA caps range from 8.1% to 8.8% depending on the region. A local ordinance may impose a lower cap, and exempt units do not use the TPA limit.

Were utility add-on fees banned statewide in 2026?

No broad statewide ban took effect. AB 1248 proposed significant all-in pricing and utility-fee restrictions but died. AB 1414 instead created a narrow right to opt out of specified landlord-arranged third-party internet, cellular or satellite subscriptions. Los Angeles separately ended the extra utility percentage for annual increases on covered RSO units. Existing lease, gross-rent, submetering, consumer-protection and local rent-control rules can still make a particular charge disputable.

The Useful Version of a 2026 Tenant-Rights Checklist

California's 2026 changes are real. The accurate checklist is simply less dramatic:

• AB 628 adds working stove and refrigerator duties for covered lease events, with a special 30-day recall rule and a carefully limited refrigerator opt-out.
• SB 610 creates disaster-remediation, mandatory-evacuation rent and conditional return protections tied to a qualifying declared disaster.
• AB 246 provides a temporary court defense for a documented Social Security interruption, while preserving the rent debt.
• AB 414 changes how some deposit refunds are delivered.
• The TPA rent-cap formula continues, with regional numbers, property exemptions and possible lower local limits.
• AB 1248's proposed statewide add-on-fee restrictions did not become law.
• AB 1414 provides a specific opt-out for covered landlord-arranged internet, cellular and satellite subscriptions; it is not a general utility-fee ban.

Before acting, identify the address, lease date, property type, triggering event, notice and actual payment record. Those six facts are usually more useful than the bill number alone.

Official Sources

• AB 628 — stoves, refrigerators and habitability
• SB 610 — disaster remediation, evacuation rent and return rights
• AB 246 — Social Security Tenant Protection Act
• AB 414 — return of residential security deposits
• Civil Code § 1947.12 — Tenant Protection Act rent cap
• California Attorney General — current statewide and local rent-increase limits
• California Attorney General — landlord-tenant issues
• AB 1248 status — inactive bill, died February 2, 2026
• AB 1414 — third-party internet, cellular and satellite subscription opt-out
• Civil Code § 1954.204 — water-submeter disclosures
• Civil Code § 1954.205 — permitted water charges and billing fees
• Los Angeles Housing Department — RSO overview